good evening, i'm ann notarangelo. damaging winds blast the bay area taking down trees and knocking out power. good evening, i'm ann notarangelo. winds are gusting up to more than 40 miles an hour in some spots. the trees are starting to come down. one toppled on to a house injuring someone inside. in vallejo, another tree took out a power line leaving 5,500 people in the dark. electricity also went out on treasure island around 7:00. the exact cause of that outage is unclear. temperatures are also falling along with some rain. roberta is here tracking it all. >> just how windy is it? take a look at the stats coming in. so far, sfo with 46 miles per hour wind gusts. same story throughout oakland. napa, 40, livermore 35 and hayward 31 miles per hour wind gusts. the winds will continue throughout the overnight hours.

then as we approach the morning commute, we still have 25 miles per hour winds. the city of san francisco or the eastern portions of our bay area will begin to subside. you'll notice by the evening commutes we're still pretty blustery. it'll be a breezy to windy monday. on top of all that, yes, we have a little bit of the isolated rain with live definition radar. not picking up anything that the time, but it is now falling to the highest elevations of the high sierra as we do have an isolated shower on your monday forecast. we're going to pinpoint those locations and what time you'll need the umbrellas coming up later on in the newscast. >> roberta, thank you. tonight we're getting our first look inside a nursing home accused of abandoning their patients. also we're getting a better idea of why the state shut it down. brian webb with a disturbing -- with disturbing complaints. >> reporter: we're looking at the long reports.

it went as far to call the owner an enemy to the health, welfare, and morals of the people living inside. we get our first look inside the elder care home shut down by the state. not exactly five-star accommodations, but livable. >> nobody has been abandoning anybody. >> the owner's attorney agreed to talk to us if we didn't show his face. he said there were two care givers caring for 14 patients as required by law. and the state's concerns over issues like the background checks were being addressed with no offer of assistance from the state after the doors closed. >> so you're in a catch 22 situation. you can't take care of the people that you're suppose to transfer. but there's no resources to transfer them. >> reporter: we poured over the state's report citing a long list of violations from locking residents inside, inadequate amounts of food, sometimes

spoiled. improper medications to rodent droppings, human urine, and feces. a spokesman called it unexpectable. >> some people are bedridden as they have no way to fend for themselves. for them to be left behind, it's a pretty terrible thing to do. >> reporter: but the owner's attorney insists she has a heart of gold, losing money by caring for the elderly on fixed incomes until she got sick herself. then simply did the best she could. >> her commitment to caring for folks is evidence that no one else is willing to take them. >> reporter: at end of the state's report, they requested that the owner never owned, worked, or even be associated with another facility like this ever again. live in castro valley, brian webb, kpix 5. a young brother and sister killed by a drunk driver were remembered today on the 10th anniversary of their death. 10-year-old troy and his 7-year-

old sister were struck by a car in danville. the driver, a 45-year-old nanny had taken prescription drugs and alcohol. the childrens' parents have lobbied against drunk driving and prescription drug abuse. >> it would require doctors to check the patient's history before prescribing dangerous narcotics. it will also allow families to get to court and get accountability. >> the driver was convicted of second-degree murder and serving a 30-year prison term. a shipping of the coliseum bart station in oakland left one person dead. the man was shot around 3:20 this afternoon at 72nd avenue in holly street. police have not released any information on the suspect or motives. they have not disclosed the names of the victims. they are trying to figure out what prompted that officer- involved shooting in their marina district. officers responded to a report of a fight at chestnut.

the suspect reportedly fired shots before running away. officers, they found the suspect hiding in a bush. ordered them out. when they didn't cooperate, he started shooting. >> we are told that they are interviewing the victim. a 19-year-old is dead. as many as seven others are injure after a shooting last night in vallejo. a group of teens heading to the party from the south bay stopped on princeton avenue to fix that flat tire. just minutes later, someone in the white suv pulled up, firing multiple shots before driving away. no word on the motive. and they will hear from the d.a.'s office and celebrity chef. it happened this week. the 19-year-old is accused of stealing their $200 lambo in march of 2011. also on trial for two counts of attempted murder of the classmate that he was obsessed

with. it happened in april of 2012. no one hit. his attorney insists that his client did not commit the shooting or the left. and the u.s. justice department is suing the bay area apartment complex for discrimination. and the lawsuit alleges that the owners of the woodlandgardens apartment in fremont discriminated against families with fights, prohibiting kids from playing in the grassy common areas outside. five families filed complaints. seeking monetary damages for them as well as the civil penalty. and bart's unions will vote on a tentative contract agreement this week. if approved, we should be strike free for another four years. but what happens after that? they tell us that the efforts, they are already underway to make sure that there won't be a next time. and so there is clearly something wrong for bart when it comes to collecting. >> they only spoke on kpix 5 this morning about the push to

sacramento to ban the future bart strikes. saying that something will need to be done. >> there is a pattern to their negotiations, going over and over again. >> reporter: be with them keeping the cozy relations, they may never get off the ground. >> i don't believe that any politician in sacramento wishes to survive that they will need to stick their neck out. and that has become almost like a third rail. >> a no strike measure couldn't gain scheme. the other large transit agencies have the strike bounds in their contracts, but the labor foundation, they say that there shouldn't be one for bart. >> it's important for workers to be able tex press themselves and to try to force good faith negotiations. >> reporter: and they say that there are other things that they could do, like getting the auditor to solidify the numbers, the months, before the end of the contract. saying that they have taken a toll on the public's faith in mass transit in general. >> this comes at a time when we

are in a fiscal cliff in california and the infrastructure, they are starting to fall apart as we have to get them to support the revenue increases. >> and they are voting on later this week that the tentative agreement will include the same provisions, allowing the bart strikes this year including the ones for the management of training replacement workers until a strike actually begins. in the newsroom, kpix 5. they say that their committee is likely going to hear a holding on the possible strike banned before the next legislative session will start in january. >> and is it safe there? and they will be coming upside down to dump everybody out. there's people bleeding very bad. >> a ride malfunction at the north carolina state fair may not have been an accident. five people were hurt when the vortex suddenly restarted thursday night as riders were getting off. the ride operator is now under arrest. investigators say he intentionally tampered with

safety devices. the motive is unclear. and there is a new attack tonight on the embattled obama care website. the republican's head of the house claimed that it may leave users vulnerable to identity theft and other cyber crimes. >> they do not have an overarching cyber security plan to prevent the loss of private information. they may have to redesign the entire system the way the system is designed, it is not secure. >> health and human services secretary kathleen says that the site does not retain or store user information. it out." coming up, the big bay area city pushing for tighter gun controls. >> i think that we're going to make it out. >> and a tanker truck will explode on the california freeway sending the river a flames with the neighborhood. and the music world will lose a legend with the life, the legacy of the blue reef. ,,,,,,,,,,,,

scene in southern california this morning: a tanker carrying 8- thousand gallons of crudl

-- crashed into a side-walln an l-a county freeway. it dangled aboved the railroad tracks.. before carrying 8,000 gallons of crude oil crashing into the side wall on the l.a. county freeway. it dangled above the railroad box before bursting into flames that the fire quickly spread to the nearby residential street threatening hundreds of homes, burning a handful of the cars. >> and within seconds, for my kids, and for them to get out of the car to return the corner as the whole street was engulfed in flames. >> everything was in flames, the freeway were in flames. and the flames, they were going inside the sewer to where i was at. and they were just exploding. witnesses told them that the driver got out by either falling through the windshield or jumping through it. a distance of 20 feet as he survived. one other person was injured. >> gun control is a hot button issue across the country. now a bay area city is taking the leap with a gun safety measure on next week's ballot.

but as don knapp reveals, they are still worried about gun advocates. >> you want to loop in? >> reporter: cheryl and don vick are campaigning for a gun safety law for sunnyvale. >> are you familiar with measure c? >> reporter: promoters say it does just a few things to approve the gun safety. it requires owners to report lost or stolen guns within 48 hours to keep them locked up or disabled with trigger guards. if the high capacity magazines, requiring you to record the ammunition sales. >> it's really the spur for all of this. >> reporter: that is the sandy hook elementary school by the 20-year-old taking the lives of 208 first graders and six adults. it's a think national local campaign. a retired fire captain. >> and we hear about it every day. young adults, they are finding it in their homes.

and just this past week, we've had two shootings in this school involving teachers and stuff like that. that's the stuff. >> they put the measure on the ballot with the private donations. the volunteers do all the rest. >> the public schoolteachers have been killed by their students this past week. and now, i had a student that picked up the gun lying around and kiln his sister. >> reporter: gun safety measures are worried about the gun right advocates. >> there's a fear that once you start giving round that you're going to lose more than what you expected. >> reporter: he's a licensed gun dealer in sunnyvale. >> and i know my customers, they will go over to the next because they just don't want people to look at what they are doing in purchasing. >> reporter: they are working on ways to prevent them from moving to the other communities by offering to work with the citizens in those communities to craft their own versions of the measure c. don knapp, kpix.

>> they will fight measure c if they pass it. a law firm says they will work with the city free of charge if they pursue this. some analysts think that the cupertino-based check giant may offer a huge buyback to increase their dividend payouts. billionaire investor is pressuring apple to use cash to buy back a huge chunk of their own stock. a test run of twitter's upcoming public offering is success. the new york stock exchange conducted a moki po yesterday, where traders, they ran simulations, selling orders. the stock exchange is trying to avoid the technical problems that facebook has with their ipo on the nasdaq last year. twitter plans to sell 70 million shares between $17 to $20 each, starting some time before the end of november. and a busy weekend on the

wharf. tens of thousands of people flocked to fishermen wharf for the inaugural wharf fest. activities include the chowder competition, an arts and crafts fair, and a demonstration kitchen by top chefs. >> i think it's great. i think it brings some locals, there's a lot of people that are coming through here. i think that the plan b is good. >> we knew we couldn't do what we wanted to bring, but we wanted to try to emulate what we could do. in july or august. >> organizers are crossing their fingers though. that fleet week will come back next year and say that far fest may become an annual event. >> all right, roberta is back with the forecast of the winds coming in. >> i'm taking a look at the latest discussions released by the national weather service. finally issuing a wind advisory for the san francisco and north bay areas for the next couple of hours, including the santa cruz mountains. these winds, they will

gradually begin to dial back after midnight. but right now let's fire up the live high-def radar because the winds are all associated with the area of the low pressure that is still well to the north of the bay area with some light snow and sleet that is now beginning to fall about 7,500 feet in the greater lake tahoe area. if you look very carefully. let me see if i can point it out to you right there, a couple lightning bolts have been detected as well. all right, now, how windy has it been? so far sfo and also throughout grizzly peek about 46 miles per hour wind gusts. napa at 40, livermore at 35, hayward at 31. a lot of these areas are pick up sustained winds, 20 to 25 miles per hour. you'll watch and see as we enter the overnight hours of the winds beginning to subside gradually, but still very breezy. pacifica, 27 miles per hour winds. then for the morning commute it's still going to be a double white knuckler over many of the bridges. keep that in mind. 23 miles per hour winds expected during the morning hours of san jose.

again the winds are easing up at that area of the low pressure beginning to fall apart as they sag to the south with the cloud cover right now as we take a look out towards the bay area recurring in oakland. 54 in san francisco. but when you toss in that wind, it feels down right raw outside. tonight overnight into the 40s and to the 50s. 47 degrees at mountainview. but again feeling much cooler in addition to that wind. clouds and some heavy drizzle overnight. the wind as well. and then tomorrow cloudy, cool, breezy, an isolated shower certainly for the forecast. and the extended forecast, it will not be spooky at all for halloween. we'll get to that with the area of low pressure as i always love to refer to it, taking the inside track towards the state of california. right along the spine of the high sierra. by the time it does pass on through the bay area, we'll have hit and miss scattered light rain showers as it looks for the most part in for the santa clara valley, wrapping around the peninsula, into the

santa cruz mountains by about this time tomorrow night. less than a tenth of an inch putting more of a nuance than anything, wetting the roadways, causing it to be quite slippery. again tonight to put it all in that show for you, the winds will begin to subside, but still remain breezy for your monday with the isolated shower. four to inches of snow expected above 6,000 feet in the great lake tahoe area with a winter weather advisory in effect. tomorrow's high is very similar to today, coming down with a good 18 degrees, in comparison to yesterday as you felt the difference today in livermore. low 60s in san jose when we should be topping around 74. santa rosa in the lower 60s. san francisco at 57 degrees. wow, an awfully cool day. no recovery on tuesday, but we do take out some of the clouds. we'll be calling it partly sunny bit afternoon hours, transition day on wednesday as high pressure will be filling in for thursday and friday and

then we introduce a few clouds over the weekend. with halloween, 52 to 62 by the time the kids hit the streets for all their trick or treating plans, but it will be cloudy, it -- cloudless, it will be clear. >> yes, looking forward to that, i am. thank you so much. well he took a walk on the wild side to take the entire generation with him. remembering the voice of the rock 'n' roll revolution coming up next. ,,,,,, the great american novel.

so you can happily let life get in the way, while planning for tomorrow. so you can finish the great american novel banking for the life you have investing for the life you want chase. so you can female narrator: the mattress price wars are on the mattress price wars are on at sleep train. we challenged the manufacturers to offer even lower prices. now it's posturepedic versus beautyrest with big savings of up to $400 off. serta icomfort and tempur-pedic go head-to-head

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suffering from the disease. she has a look back on their life and career. >> the driving force behind the legendary coat fan. the band never achieved widespread commercial success, but many credit that group with the revolutionary 1960s and 70s in having a major influence on the generations for the future musicians. it was the only top 20 hit, becoming reid sanders. they lead the velvet underground, all with the artists. >> that's why they sound like they sound and that's why nothing got changed. don't change anything, leave it

alone. >> inducted into the rock 'n' roll fame in 18996. an admitted hard drinker and drug user, undergoing the liver transplant earlier this year and later called themselves a triumph to modern medicine. cbs news. they did it today on the island. and they shined on the brightest day as the minute is next. ,,,,,,,,

we all have our little tricks. mom swaps one of my snacks for a yoplait. i don't mind, i mean it's orange crème. and when mom said bobby was too edgy... 'sup girl. i just swapped him out for tyler. 'sup girl. mom never questioned bobby again. two can play at this game. [ female announcer ] swap one snack a week for a yoplait. and everybody wins.

that will live in boston sp history, and tonight, a baya product added his name to t list....start the clock big papi david ortiz channe tonight, the bay area product added his name to the list. start the clock, please. big papi, david ortiz channeling his inner pence. man did it work.

a three-run home run. guess who? the three-run home run as they lead. evening up the world series against the cardinals with a 4- 2 win. an epic camera shot here with gomes in the back field of the devastated cardinal minus that 12. and this is pryor with a touchdown run all the way. the 49ers, how about this? colin kaepernick runs in for the score. they are victorious in london. so the 49ers and raiders are winners today. and getting the big start today. the first nfl start. setting up joe for one of the five san jose goals to beat the senators 5-2. sharks have the most point in the nhl as they collect their 10th win of the season. and so game day is full slate today. al note warriors tip off this -- although the warriors tip off the lakers this wednesday

night. >> great. >> we'll see you at 11:00 on kpix 5. good night. sink! where's my room? we had to take just a little bit for the kitchen. because your kitchen dreams can be big. delicious, but say i press a few out flat, add some beef, sloppy joe sauce and cheese, fold it all up and boom! delicious unsloppy joes

perfect for a school night. pillsbury grands biscuits. make dinner pop. so i should probably get the last roll... yeah but i practiced my bassoon. [ mom ] and i listened. [ brother ] i can do this. [ imitates robot ] everyone deserves ooey, gooey, pillsbury cinnamon rolls. make the weekend pop.

woah, this kitchen is beautiful! give him the tour. let me show you! soft-close drawers, farm sink! where's my room? we had to take just a little bit for the kitchen. because your kitchen dreams can be big. ikea has it all. michael. d'oh! god! dght, come on! i wanted to talk to you about the downsizing-- there's no downsizing. but if there were, i'd be protected as assistant regional manager? assistant to the regional manager, dwight. yeah, so i don't have to worry, right? look, look, look-- i talked to corporate about protecting the sales staff, and they said they couldn't guarantee it if there's downsizing, okay? but, there's no downsizing, so just don't-- bottom line-- do i need to be worried?